Supreme Court - Daily Orders
Levaku Pedda Reddamma vs Gottumukkala Venkata Subbamma on 17 May, 2022
Bench: Hemant Gupta, V. Ramasubramanian
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4096 OF 2022
(@ SLP(C) No. 7452/2022)
LEVAKU PEDDA REDDAMMA & ORS. APPELLANT(S)
VERSUS
GOTTUMUKKALA VENKATA SUBBAMMA & ANR. RESPONDENT(S)
O R D E R
Issue notice.
Mr. Mahfooz Ahsan Nazki accepts notice on behalf of respondent No.1.
Leave granted.
The defendant Nos.2 to 5 are in appeal aggrieved against the order passed by the High Court affirming the order passed by the trial Court refusing to permit the appellant to produce additional documents in terms of Order VIII Rule 1 of the Code of Civil Procedure, 1908.
We find that the trial Court as well as the High Court have gravely erred in law in not permitting the defendants to produce documents, the relevance of which can be examined by the trial Court on the basis of the evidence to be led, but to Signature Not Verified Digitally signed by SWETA BALODI Date: 2022.05.21 deprive a party to the suit not to file documents even if there 10:38:23 IST Reason: is some delay will lead to denial of justice. 2 It is well settled that rules of procedure are hand-maid of justice and, therefore, even if there is some delay, the trial Court should have imposed some costs rather than to decline the production of the documents itself.
Consequently, the appeal is allowed. The orders passed by the trial Court and the High Court are set aside. The appellants – defendant Nos.2 to 5 are permitted to file the documents and to prove the same in accordance with law.
Mr. Nazki states that the plaintiffs-respondents should be permitted to lead additional evidence, if any, on the basis of the documents now produced by the defendants. We accept the request. The Plaintiff shall lead additional evidence, if any, before the defendants are given an opportunity to lead evidence to rebut the evidence produced by the plaintiff.
Pending application(s), if any, also stand disposed of.
……………………………………………………J. [HEMANT GUPTA] ……………………………………………………J. [V. RAMASUBRAMANIAN] NEW DELHI;
17th MAY, 2022
3
ITEM NO.13 COURT NO.10 SECTION XII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 7452/2022
(Arising out of impugned final judgment and order dated 04-01-2022 in CRP No. 792/2021 passed by the High Court of Andhra Pradesh at Amravati) LEVAKU PEDDA REDDAMMA & ORS. Petitioner(s) VERSUS GOTTUMUKKALA VENKATA SUBBAMMA & ANR. Respondent(s) (FOR ADMISSION and I.R. ) Date : 17-05-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mrs. B. Sunita Rao, AOR Mr. Gunmaya Mann, Adv.
For Respondent(s) Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv.
Ms. Rajeswari Mukherjee, Adv.
UPON hearing the counsel the Court made the following O R D E R Issue notice.
Mr. Mahfooz Ahsan Nazki accepts notice on behalf of respondent No.1.
Leave granted.
The appeal is allowed in terms of the signed order. Pending application(s), if any, also stand disposed of. (SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)